HomeMy WebLinkAbout20071363 Ver 1_401 Application_20070807WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
704o WRIGHTSVILLE AVENUE, SUITE ioi
WILMINGTON, NORTH CAROLINA, 28403
(9io) 256-9277
FAX (9io) 256-2584
T0: NC Division of Water Quality
uoi Wetlands Unit
2321 Crabtree Blvd
Raleigh, NC 27604-2260
WE ARE SENDING YOU
^ Shop Drawings
^ Copy of Letter
®Attached
^ Prints
^ Change order
07-1363
~C~~~Q Oo C~ ~° ° [~~f1v~~~Q~
pp~ O8/0 /O JOB NO. 030]00 .O1
nrrENnoN Ms. Beverl Strickland
PNONE #
RE: Laurenbrid e Subdivison NWP A lication
YMEf
^ Under separate cover via
^ Plans ^ Samples
^ Diskette ^
COPIES DATE N0. DESCRIPTION
6 08/0 /0 0 0 00 .os NWPs 2 and PCN
THESE ARE TRANSMITTED as checked below:
® For approval ^ Approved as submitted
^ For your use ^ Approved as noted
^ As requested ^ Returned for corrections
^ For review and comment ^
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TQ~ ~ ~ ~'."~t~l~ ~..~
REMARKS: `"
~ trl ~ ~ - Z O l
'JEN~2 - Wt~TER t1a,~ALi i'Y
Signature•
Date:
COPY TO: File SIGNED: Troy Beasley
/f enc%sures are not as noted, kind/y notify us at once.
^ Resubmit
^ Submit
^ Retum
copies for approval
copies for distribution
corrected prints
the following items:
^ Specifications
WITHERS c~' RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
August 7, 2007
US Army Corps of Engineers
Regulatory Field Office
Attn: Ms. Jennifer Frye
69 Darlington Avenue
Wilmington, NC 28403
Re: Laurenbridge Subdivision
Previous AID# 200500625
W&R Project #03070034.01
Dear Ms. Frye and Ms. Strickland,
PAYMEi~T
RECEIVED
On behalf of Masonboro Sound Development, LLC., we are requesting authorization from the
USACE and DWQ to utilize a NWP 29 for the placement of fill into 0.425 acres of Section 404
jurisdictional wetlands and a NWP 33 for 0.237 acres of temporary wetland impacts for the
construction of the proposed project. A copy of this PCN has also been provided directly to Ms.
Joanne Steenhuis in the DWQ Wilmington Field Office.
The site is located on in the northwest quadrant of the intersection of Foxwood Lane and Chalice
Lane, south of Wilmington, in New Hanover County. The project is approximately 14.12 acres in
size and is located in the Cape Fear River basin. The wetland delineation was reviewed and
approved by Ms. Jennifer Frye on July 21, 2005 (AID #200500625). A copy of the signed JD
Survey has been provided as an Appendix to the enclosed PCN.
The current request is for 0.425 acres of impacts to Section 404 jurisdictional wetlands (see
the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely ~
0,~~ z.~~~~~
Troy Bea~ey ~!!~~ ~ ~ ~~~~
Environmental Scientist
f)ENf~ -WATER UUALlTY
'METtANn3 p;~p 5TOtt~,~v„4TFR 9RMICH
Attachments: NWP 29/33 PCN
Cc. Joanne Steehuis -DWQ Wilmington Field Office
Beverly Strickland -DWQ - 401 Wetlands Unit
NC-Division of Water Quality
401 Wetlands Unit
Attn: Ms. Beverly Strickland ~ 7- 1 3 6
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
704o Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 9io-z56-9277 fax: 9io-256-2584
www.withersravenel.com
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter °NOt tippucante~ or -ivies .~
rAY~!E(~-
I. Processing REr DIVED o 7- ~ s s 3
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Azea of
Environmental Concern (see the top of page 2 for further details ~~ ' ~ 6
K~~`~ ~ ~~
II. Applicant Information aa ~~ ~ ;~ .-_ Loo ~
t,~~
pp t~~~~ ., war ~~ Qu~t"irr
1. Owner/A licant Information
Name: Masonboro Sound Partners LLC y,~~yDgA~~DSTO~?~vA~RBRA~~
Mailing Address: 3811 Peachtree Ave Suite 300
Wilmins~ton NC 28403
Telephone Number: 910-202-5555 Fax Number: 910-202-5558
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Troy Beasley
Company Affiliation: Withers and Ravenel
Mailing Address: 7040 Wrightsville Ave Suite 101
Wilmington NC 28403
Telephone Number: 910-256-9277 Fax Number: 910-256-2584
E-mail Address: tbeasley(a~withersravenel com
Updated 11/1/2005
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Laurenbridge
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R07100-004-008-002; R07100-004-008-001
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Headed south on College
Road make left onto Holly Tree Road• make a right onto Masonboro Loop Road; make right
onto Foxwood Lane Project is located in the northwest quadrant of the intersection of
Foxwood Lane and Chalice Lane.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.1473 °N 77.8812 °W
6. Property size (acres): 14.12
7. Name of nearest receiving body of water: Mott Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h2o.elu.state.nc.us/admii~/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The proiect site consists of undeveloped land. The land use
in the vicinity of the~pro~ect site is sin lg e family residential subdivisions.
Updated 11/1/2005
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of a residential subdivision. Standard commercial construction
equipment will be used to construct the proposed project
1 1. Explain the purpose of the proposed work: The ~roiect purpose is meant to meet the
rg owing_demand for residential housing in New Hanover Countv.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The onsite wetlands were reviewed and and approved by Ms. Jennifer
Frye with the Corers of Engineers on March 24 2005 (AID#200500625). A copy of the JD
tearsheet and signed wetland map has been provided as Appendix 1
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
There are no future hermits anticipated for theproposed project
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated 11/1/2005
Page 3 of 9
1. Provide a written description of the proposed impacts: The proposed project will result in
0 425 acres of permanent wetland impact and 0 237 acres of temporary impacts to 404
wetlands for the construction of the connector road the access roads and construction of the
Storm Overflow Drawdown Stem
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
-.,col., l;ot ;mr~a~tc ~nP try tenth etrnrtnrP anll fl(1(1C11YIS~_
.,., ..._ --v --~- ----r---- -- -
Located within
Distance to
Area of
Wetland Im act
p Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, tnarsh, Floodplain Streatn (acres)
(indicate on map) herbaceous, bog, etc.) (es/no) (linear feet)
Wetland A Permanent Fill Forested No (3300 If 0.011 ac
Wetland B Permanent Fill Forested No X3300 if 0.380 ac
Wetland B Temporary Impacts Forested No 13300 if 0.042 ac
Wetland. D Permanent Fill Forested No (3500 if 0.034 ac
Wetland D Temporary Impacts Forested No (3500 if 0.195 ac
Permanent 0.425 ac
Total Wetland Impact (acres): Temporary 0.237 ac
3. List the total acreage (estimated) of all existing wetlands on the property: 3.78 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
,~~ t,o ;,,..1,,.ao.a ~r„ ralrnlatP arraaaP Yn„lt;nly lenuth X wihth_ then divide by 43.560.
Stream Impact v
Number
(indicate on ma) ~N ~
Stream Name u
Type of Impact l y ..
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
NOT APPLICABLE
Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
f;lt A.~.•~~~at;r.n rlrPrlaina flnntlinu clrainage_ bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma) ~
Name of Waterbody
~f a Lcable
~ pp )
T e of Itn act
yp p Type of Waterbody
Iake, pond, estua sound, ba ,
~ rY> y
ocean, etc.) Area of
Im act
p
(acres)
NOT APPLICABLE
Total Open Water Impact (acres)
6. List the
lat;ve impact t~ all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Permanent Impacts
Wetland Impact (acres): Temporary Impacts 0.425 ac
0.237 ac
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
Updated 11/1/2005
Page 5 of 9
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix 2
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation for 0 425 acres of permanent impacts and 0 237 acres of temporary impacts to 404
wetlands will consist of the preservation of 3 35 acres of onsite wetlands remaining in the
post development condition The post-development wetlands will be preserved through the
Updated 11/1/2005
Page 6 of 9
implementation of the Restrictive Covenant as discussed in Section VII of this application.
In addition to the onsite preservation 0 50 acres of wetland mitigation will be purchased
from the Ecosystem Enhancement Program A copy of the Letter of Reservation has been
provided as Appendix 4
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http•//h2o enr state.nc.us/wrP/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres): 0.50
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Updated 1 ]/1/2005
Page 7 of 9
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ,_ __ _ ~ ~~ Multiplier rn;*;, ,+;~„
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. In the existing condition, there is no impervious
surface The site plan proposes the total impervious surface to be greater than 20%, and will
require a state stormwater permit Onsite stormwater will be treated in a high density stormwater
treatment system consisting of a wet detention~ond A State Stormwater Permit application will
be submitted to DWQ for final approval of the stormwater management system.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary sewer provided by New Hanover County
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
Updated 11/1/2005
Page 8 of 9
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on -our website at
http•//h2o enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Thy, proposed project is being developed within an existing residential area and is completely
surrounded by existing development Therefore the project will not result m addrtlon
develo ment within the area.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~_ ~_
,~`
(Agent's si
Updated 11/1/2005
Agent's Signature 1~ate
is valid only if an authorizatia~ letter from the applicant is provided.)
Page 9 of 9
AGENT AUTHORIZATION
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner(s), Andrews Consulting Engineers do(es) hereby appoint Troy Beaslev /
Withers &Ravenel. Inc. as his, her, or it's exclusive agent for the purpose of petitioning the
appropriate local, state and federal environmental regulatory agencies (US Army Corps of
Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit
applications/requests for the Hunters Chase project.
The owner does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This agreement shall continue in effect until completion of the contracted task or termination by
the prope'rt/y owner.
Date: '+~`~G~ 8/ ~~~
Agent's Name, Address & Telephone: Signature of Owner(s):
Nom. w. Aw~>c~w
Trov Beaslev /Withers &Ravenel, Inc.
7040 Wrightsville Avenue, Suite 101
Wilmington. NC 28403
~~rinti~), ~ (Title)
r, 4/'
(Signature)
Tel. (910) 256-9277
'1 ,,/
YV ~if~' (C-ount"y,~North Carolina
I, ~~°~~,;f,~~'` ~„ WLDS~tiY , a Notary Public of the County and State aforesaid, certify that
~~!~~~--~~~,;~j~,;pgrsonally appeared before me this day and acknowledged the execution
of the fore~~ain~, igstrtlf-}efitl=,~~ Witness my hand and offici I seal, this day of MaL+IGLI
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.~ ~~ • e~ S r ' ENGINEERS I PLANNERS I SURVEYORS
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500625 County: New Hanover U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Burnette Sanders
Address: 417 Sanders Way
Wilmington, North Carolina 28412
Telephone No.:
Property description:
Size (acres) appa.14.13 Nearest Town Wilmington
Nearest Waterway UT to Mott Creek River Basin Cape Fear River
USGS HUC 03030001 Coordinates N 34.1473 W 77.8841
Location description The two tracts are located at 322 and 350 Masonboro Loop Road, south of Woods Edge Drive,
in wetlands adiacent to an unnamed tributary to Mott Creek, south of Wilmington, North Carolina.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas s»bject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 6/21/2005. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine
their requirements.
Page 1 of 2
A
r~ctionID: Q?oo5Od(o~5
Placement of dredged or fill material within waters of the US and/or wetlands without a Deparhnent of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer S. Frye at 910-251-4923.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is adicent to an unnamed tributary to Mott Creek, a tributary to the Cape Fear River, a navigable water of the
United States. This determination is based on information submitted by The Clark Group and a site visit by Jennifer
Frye on 3/24/2005.
Remarks:
Noelle Lutheran, DENR-DWO Wilmington Regional Office, 127 Cardinal Drive Ext, Wilmington, NC 28405
The Clark Group -Environmental Division. 5000 Blue Clav Road, Castle Hayne, NC 28429
Carlotte Dixon Sanders, 3700 Masonboro Loop Road, Wilmington, NC 38409
Louise B. Dixon, ETAL,c/o Geraldine Durant, 3708 Masonboro Loop Rd., Wilmington, NC 28409
Corps Regulatory Official: ,~ ~ /`----'--"
Date 07/21/2005 Expiration Date 07/21/2010
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2
11flCATE aF ACCURACY Ae MAPPING
iWd B. Floyd, do certify that this plat were drawn under
wperylefon f-em an actual wrwy made under m `LL``~ "CARO a'%.
t
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wvlebn (deed delelxlptllin reoarded M Deed Book 1037. q
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idorla not wrveyyeWd errs pearl
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erred M aceordanae with O.S. 47-30 ere amended. ~ 7MO
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ea my orlgtnal elgnoturq, Ilwnn number and .eel thb s k'1D ~4f
do of Jut A.D., 2
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D d B. Floyd PLS 3810
ES:
lundary Infamatlan referencetl to Map Book 18, Paps 1; and
Book 7, Poge 58.
iN Parcel H): R07100-004-008-001 d4 R07100-004-OOB-002
I N.C. Orld monument within 2004 feet of thb property.
orwe figured by coordinate method.
dbtancp ore horizontal meowrementa
ile property b eublect to any and all easements
right of way., 9rt tt1N1 pr Implied.
Irwy ro8sete enleting candltlane an dots of wruey.
Ib Property shown hereon b not located b a Bood hazard
s. Cammtmlty Panty /370188 0080 "E'.
1 Revteed: September 3, 1882.
WeUande IdentMed on this plat wM located
ig c ltlmbb Geo XT GPS Replvrr which
yen dlffarentlally corrected C/A poNttone to
me~acwracy.oa-o.a`oond by second bwla
Ad .Floyd P.LS ~
eject No.: (04114WETLANDS)
1RPS CERTIFICATION
I art)Ra clot tbM Dopy of UIM plat aoolNatdy
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V at Ule Clean Weir Af:6 punuanl b the /g87
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Scale: 1 "=200'
200' goo' o' Zoo'
i-, ~~~~~ Tom Willis
322 At 350 Maeonbaro Loop Road
YYNmhgton, North CarolMa 28409
Masonboro Lool1~/ Roac
TapeN Tewfell+ New hafle9er Cwlq Ner1N Cseltle
Boundary Survey &
Wetland Delineation
THE CLARK GROUP ~,1111n1,,,,,,,
8urveyirTl~ ~Ivleton (` SEAL
Po eoxt~ wul~runr~ Nc 2d40A `~. ~r a
PFL ~10:a03~3900 - FAX191Q402~75 ~ yQi* .~1Ii~~•'oP~
hi 7D g n'.Pr
alaxnx,M`
Impact Justification
The proposed project has been designed avoid and minimize wetland impacts to the
greatest extent possible. The project will result in 0.425 acres of permanent wetland
impacts and 0.237 acres of temporary wetland impacts as a result of construction of the
project's infrastructure. No wetland impacts will occur as a result of lot fill.
Permanent Impacts from Infrastructure
The proposed project will result in 0.448 acres of permanent impact to onsite wetlands.
The majority of the proposed permanent impacts (0.414 acres) will occur as a result of
construction of the access roads. New Hanover County is requiring the construction of
the section of road which will connect Skeet Road and Beacon Drive in order to create an
additional collector road within the surrounding development. Due to Wetland A being
located entirely within the proposed ROW, impacts could not be avoided and Wetland A
will be completely removed by construction of the connector road. In an effort to
minimize impacts to Wetland B, the connector road was designed to curve along the
outer edge of Wetland B as much as possible while still meeting the minimum curve radii
allowed by NCDOT Standards. This design results in the avoidance of impacts to
Wetland B to the greatest extent possible by impacting only the outer fringes of the
wetland. The alternative design would have resulted in the road running straight through
the wetland, creating additional wetland impacts by creating an isolated wetland pocket
west of the road. Approximately 0.033 acres of permanent wetland impacts are proposed
to Wetland D as a result of the construction of the eastern access road. These impacts are
necessary for the back slopes needed to return road fill to existing grade.
Permanent/Tem~orar~Impacts from Construction of Storm Overflow Drawdown System
Due to the frequent flooding in the area, New Hanover County Engineering Department
required provisions within the plans so that wetlands would not remain inundated for
extended periods of time to help alleviate flooding problems within the area. In the
existing condition, once the wetlands are saturated, surface water from a storm event
naturally sheetflows over uplands. However, in the post-development condition the
elevations of the surrounding development will prevent the wetlands from sheetflowing
over uplands. The Storm Overflow Drawdown System has been designed to allow excess
water to drain from the onsite wetlands following a storm event. This system will
prevent over saturation of the onsite wetlands, which could result in the accumulation of
surface water and an increased potential for flooding. The Storm Drawdown System has
been designed to install drop inlets at the elevation of the 25yr, 24 hour storm event. The
25 yr, 24 hr storm was routed for each depressed area within the wetlands in which a drop
inlet will be placed. The rims of the drop inlets are set at an elevation for the stage of the
25 yr, 24 hr. storm, see Sheet C-8. A small orifice (2" to 4") in each of the drop inlets
will allow runoff to drain slowly over an extended period of time.
The purpose of the design of the Storm Overflow Drawdown System is two-fold; (1) to
provide flood prevention and (2) maintain the existing hydroperiod of the onsite
wetlands. The design will allow the onsite wetlands to perform their natural function of
absorbing and containing runoff to prevent flooding during storm events. Since the
onsite wetlands will no longer be able to sheetflow over uplands, the discharge structures
will allow the excess water to drain back into onsite ponds. By draining the surface
waters over an extended period of time, the onsite wetlands' natural hydroperiod will be
maintained without the potential for over-saturation. Without the discharge structures
removing excess water, the onsite wetlands' hydroperiod could be significantly
lengthened. The onsite wetlands consist of Carolina Bays which are saturated to the soil
surface during the growing season, but are very rarely inundated. This is evidenced by a
lack of biological indicators identifying frequent inundation, including a lack of
herbaceous vegetation adapted to survive periods of inundation. Therefore, without the
discharge structures, the hydrologic regime of the onsite wetlands would be significantly
altered, resulting in a permanent alteration of the vegetative composition and habitat
function of these wetlands. The discharge structures will be installed at the 25 yr, 24
hour storm event elevation (> 1.0 feet above natural grade), so that only surface water
from storm/flood events is drained from the wetlands. The drop inlets will not drain
stormwater from average rainfall events or ground water from the onsite wetlands.
The construction of the Storm Overflow Drawdown System will result in 0.0008 acres of
permanent wetland impacts and 0.237 acres of temporary impacts to Wetlands B and D.
The permanent wetland impacts will occur from the installation of the drop inlets which
allow excess stormwater to drain out of the wetland. The temporary impacts are needed
to facilitate the installation of the drainage pipes, as well as allow a temporary work
corridor during construction of the Storm Overflow Drawdown System. The piping will
be entrenched into the wetlands, backfilled with original spoil and returned to natural
grade. There will be no additional fill placed in this area. Upon completion of the
installation of the drainage structures and piping, the temporary impact areas will be
graded to natural grade to remove any ruts, and allowed to re-vegetate naturally through
natural recruitment.
Overall, wetland impacts have been avoided and minimized by minimizing impacts to
those needed for infrastructure and flood prevention only. There will be no wetland
impacts from lot fill. Wetland impacts have also be avoided and minimized by
concentrating the majority of permanent impacts (0.391 acres) to Wetlands A and B,
which are hydrologically isolated within the site, and have the lowest functional value as
a result of historic site disturbance. There are no impacts proposed for Wetland C.
Wetland impacts have further been minimized through the design of the connector road
to meet minimum NCDOT curve radii, which moved the road to the outer edges of
Wetland B.
In order to prevent future impacts to onsite wetlands, restrictive covenant language will
be incorporated into the Home Owners Association documents. A copy of the Corps
standard Restrictive Covenant language, provided in the "Wilmington District Process for
Preservation of Mitigation Property", dated November 25, 2003, has been provided as
Appendix 3.
Restrictive Covenant Language
"The areas shown on the recorded plat (identify the plat by title, date, and
recording data) as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the
following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID (To be
determined), and therefore may be enforced by the United States of America. This
covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
Y-
o~stem .
~!~~ll.~ ~'1~1~~~1~
PROGRAM
May 2l, 2007
Neal Andrews
Masonboro Sound Development, LLC
3811 Peachtree Ave., Suite 300
Wilmington, NC 28403
Project: Laurenbridge County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment wilt be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is nvt transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation aze summarized in the
followine table.
Cape Fear
03030005 Stream (feet) Wetlands {acres) Buffer I
(Sq. Ft.) Buffer [1
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri azian Coastal Mazsh
Impacts 0 0 0 0 0.439 0 0 0
Credits 0 0 0 0 0.878 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) ? 16-1921.
Sincerely, ~j
~„"' ~~ ~'
' iam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Troy Beasley, agent
File
~.Pfit~"D!''t:K~... f ~ ... PYDt~~ OGGY StGrti°i
~CD~E~IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net